What is Criminal Trespass in the Second Degree in Arizona A.R.S. 13-1503?
Criminal trespass in the second degree involves entering or remaining in any nonresidential structure or fenced commercial yard. This offense usually involves a commercial property, such as a store or warehouse.
Arizona has defined what a non-residential structure means. It is defined as any structure other than a residential structure and includes a retail establishment.
Arizona also broadly defines structure as any building or any vending machine, object, vehicle, railroad car or place with sides and a floor that is separately securable from any other structure attached to it and that is used for business, lodging, recreation, transportation or storage.
A vending machine under Arizona law is a machine that dispenses service or merchandise by way of coin, currency, credit card token or other non-personal way of accepting payment for merchandise or service received.
A fenced commercial yard is real property that is completely surrounded by walls, fences, buildings or similar barriers, or any combination, that is primarily used for business or where livestock, produce or other commercial items may be found.
What are the Penalties for Criminal Trespass in the Second Degree in Arizona A.R.S. 13-1503.
The penalty for a violation of Criminal Trespass in the Second Degree pursuant to A.R.S. 13-1503, is a class 2 misdemeanor. A class 2 misdemeanor in Arizona carries a maximum penalty of 4 months in jail, a fine of $750.00, and two years of probation.
A defense to this charge may be that a person has permission to be there.
Additional defenses include:
- Mistaken identity
- No criminal intent
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